Annual Report 2011 - Watercare
Annual Report 2011 - Watercare
Annual Report 2011 - Watercare
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<strong>Watercare</strong> Services Limited<br />
<strong>2011</strong> ANNUAL REPORT<br />
Governance<br />
The board and management of <strong>Watercare</strong><br />
remain committed to ensuring that the<br />
company applies best-practice governance<br />
policies and procedures.<br />
1. ACCOUNTABILITY<br />
Shareholder<br />
<strong>Watercare</strong> has been the provider of bulk water<br />
and wastewater services to the Auckland<br />
region since 1991. On 1 November 2010,<br />
as a result of Auckland regional governance<br />
reforms, the company took over ownership and<br />
management of all the water and wastewater<br />
assets within the Auckland Council region and<br />
began retailing services directly to the people<br />
of Auckland. The exception was the Papakura<br />
district where retail services continue to be<br />
managed via an existing franchise agreement<br />
with United Water.<br />
People of Auckland<br />
Elect<br />
Auckland Council<br />
Appoint<br />
<strong>Watercare</strong> Board of Directors<br />
Appoint<br />
<strong>Watercare</strong> Chief Executive<br />
Employs<br />
<strong>Watercare</strong> staff<br />
Serves<br />
People of Auckland<br />
Prior to 1 November 2010, <strong>Watercare</strong> was<br />
owned by six city and district councils. With<br />
the disestablishment of those councils and the<br />
creation of a single unitary authority, <strong>Watercare</strong><br />
now has a single shareholder, Auckland<br />
Council. <strong>Watercare</strong> reports quarterly to<br />
Auckland Council through the Accountability<br />
and Performance Committee (the Committee),<br />
a committee of the whole council. The relevant<br />
legislation is set out below.<br />
Responsibilities<br />
The board is appointed by the shareholder<br />
to govern <strong>Watercare</strong> in accordance with the<br />
statutory obligations and in accordance with<br />
the agreed Statement of Corporate Intent<br />
(SCI). The board is ultimately responsible<br />
for all decision-making by the company.<br />
Operational responsibility is delegated<br />
to the Chief Executive by way of a formal<br />
delegated authority framework.<br />
Statement of Corporate Intent<br />
The SCI represents <strong>Watercare</strong>’s public and<br />
legislative expression of accountability to its<br />
shareholder and establishes the agreement<br />
between the board and the shareholder,<br />
setting out the objectives, nature and scope<br />
of activities undertaken and performance<br />
targets by which the company is measured.<br />
<strong>Watercare</strong> delivered the <strong>2011</strong>/12 SCI to the<br />
shareholder on 30 June <strong>2011</strong>, earlier than<br />
required by legislation. This followed a board<br />
meeting on 23 June <strong>2011</strong> at which members<br />
of the public were invited to attend and<br />
speak as the SCI was considered and<br />
adopted. As part of the process, feedback<br />
from Auckland’s local boards and the Maori<br />
Statutory Board was invited. The <strong>2011</strong>/12<br />
SCI is published on <strong>Watercare</strong>’s website<br />
www.watercare.co.nz.<br />
Performance measurement<br />
and reporting<br />
The performance of the company against<br />
the measures in the SCI is reported to the<br />
Committee quarterly. This annual report<br />
includes a Statement of Service Performance<br />
(SSP), which records the performance of<br />
the company against the measures in the<br />
2010/11 SCI. The report is set out on pages<br />
107-111. The company’s annual report<br />
also includes the reporting of performance<br />
against a number of non-mandatory<br />
measures. Performance measures in eight<br />
focus areas are reported on pages 20-57.<br />
2. TRANSPARENCY AND<br />
OPENNESS<br />
Legislative framework<br />
<strong>Watercare</strong> is a limited liability company<br />
registered under the Companies Act 1993<br />
which governs the conduct of companies in<br />
New Zealand. The Local Government Acts of<br />
1974 and 2002 define the roles and duties of<br />
local government organisations in New Zealand<br />
and contain specific provisions for <strong>Watercare</strong>.<br />
The legislative framework enabling and<br />
governing <strong>Watercare</strong>’s operations is largely<br />
found in three Acts and amendments:<br />
1. Local Government (Tamaki Makaurau<br />
Reorganisation) Act 2009<br />
2. Local Government (Auckland Council)<br />
Act 2009<br />
3. Local Government (Auckland Transitional<br />
Provisions) Act 2010.<br />
Under legislation, <strong>Watercare</strong> is currently<br />
a council organisation and will become a<br />
council-controlled organisation (CCO) on<br />
1 July 2012. By law it must remain owned<br />
by Auckland Council until 30 June 2015.<br />
The company’s obligations to deliver water<br />
and wastewater services for Auckland are<br />
established under Part 5 section 57(1)<br />
of the Local Government (Auckland Council)<br />
Act 2009 which stipulates that an Auckland<br />
water organisation:<br />
• Must manage its operations<br />
efficiently with a view to keeping<br />
the overall costs of water supply and<br />
wastewater services to its customers<br />
(collectively) at the minimum levels<br />
consistent with the effective conduct<br />
of its undertakings and the maintenance<br />
of the long-term integrity of its assets<br />
• Must not pay any dividend or<br />
distribute any surplus in any way,<br />
directly or indirectly, to any owner<br />
or shareholder<br />
• Is not required to comply with<br />
section 68(b) of the Local Government<br />
Act 2002 (voiding the requirement<br />
to pay a dividend)<br />
• Must have regard for public safety<br />
(e.g. the safety of children in urban areas)<br />
in relation to its structures.<br />
Also under the legislative framework:<br />
• At least two board meetings a year are<br />
required to be held in public, before<br />
30 June to consider the council’s<br />
comments on the draft SCI and after 1 July<br />
to consider the company’s performance<br />
under the SCI in the previous year<br />
• Elected members and employees of local<br />
authorities are prohibited from being<br />
<strong>Watercare</strong> directors<br />
• The company’s financial statements,<br />
the SCI and specified long-term plans<br />
must be audited by the Auditor-General,<br />
or by an auditor acting on behalf of the<br />
Auditor-General.<br />
Governance<br />
PAGE 15<br />
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